Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZHJH v Minister for Immigration and Citizenship [2008] FCA 198
SZHJH v MINISTER FOR IMMIGRATION AND CITIZENSHIP AND REFUGEE REVIEW TRIBUNAL NSD 2218 OF 2007
MIDDLETON J
27 FEBRUARY 2008
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 2218 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZHJH
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: MIDDLETON J DATE OF ORDER: 27 FEBRUARY 2008
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The appeal be dismissed. 2. The appellant pay the costs of the first respondent, fixed at $2,800. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 2218 OF 2007
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: SZHJH
Appellant
AND: MINISTER FOR IMMIGRATION AND CITIZENSHIP
First Respondent
REFUGEE REVIEW TRIBUNAL
Second Respondent
JUDGE: MIDDLETON J
DATE: 27 FEBRUARY 2008
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 This is an appeal against a judgment of a Federal Magistrate of 22 October 2007 dismissing an application for judicial review of a decision of the Refugee Review Tribunal ('the Tribunal') signed on 12 July 2006 and handed down on 25 July 2006. 2 The appellant is a citizen of the People's Republic of China, who arrived in Australia on 12 December 2004. On 25 January 2005 the appellant lodged an application for a protection visa with the then Department of Immigration and Multicultural Affairs. A delegate of the first respondent refused the application for a protection visa on 29 April 2005. On 3 June 2005 the appellant applied to the Tribunal for a review of that decision. 3 The decision of a first Tribunal on 21 September 2005 was set aside by the Federal Magistrates Court on 23 March 2006 and remitted to a second Tribunal, the decision of which is the subject of the present appeal.
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